Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedEmployment and Labour Relations Cause No. 2164 of 2017· [2018] KEELRC 1569 (KLR)

Rhodah Kiilu & 106 others v Governor, Machakos County & 2 others [2018] KEELRC 1569 (KLR)

Employment and Labour Relations Court
25 June 2018
2,410 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

#

A Kenyan court ruled that Machakos' Governor lacked power to suspend 437 county staff without written reasons; only the County Public Service Board can discipline county employees.

What this practically means

#

Executive summary

#
This was an application by 437 finance staff of the County Government of Machakos, brought under Article 41 of the Constitution and the Employment Act, challenging their being sent on immediate compulsory leave on 18/8/2017 by the Governor, the withholding of their August and September 2017 salaries, and subsequent undisclosed interviews. The claimants sought conservatory orders, reinstatement, payment of emoluments, and referral to conciliation. The respondents objected that the claim was an abuse of process given a prior Nairobi cause (No. 2127 of 2017), that most employees were back at duty, and that no Notice of Authority accompanied the supporting affidavit. The court found that no individual suspension or interdiction letters were issued and the applicants were never informed of any offences, contrary to Section 4(1) of the Fair Administrative Action Act, which entitles a person to written reasons for administrative action. It further held that disciplinary control over county employees rests with the County Public Service Board under Sections 58 and 59 of the County Governments Act, and that the Governor acted without jurisdiction in apparently suspending the applicants. However, the court noted that no authority was shown for the deponent to act for the other claimants, describing the application as a non-starter on that account. The court stayed the contemplated action against the applicants, preserved the Board's right to institute due disciplinary process, and left the parties free to pursue reconciliation. No costs order was made.

Key legal issues

#
01

Whether the compulsory sending of 437 finance staff on leave without letters of suspension or interdiction violated fair administrative action

Holding

Yes - the applicants were never served with suspension or interdiction letters nor informed of any offence, offending fair administrative action

Reasoning

The court found no individual letters were issued to the staff explaining they were on suspension except that salaries were withheld. Section 4(1) of the Fair Administrative Action Act requires that administrative action be expeditious, lawful, reasonable and procedurally fair, and that written reasons be given. The applicants were never informed of the offences facing them, so the process was procedurally unfair.

p. 3
02

Whether the 1st Respondent (Governor) had jurisdiction to suspend county employees

Holding

No - disciplinary control over county public service employees lies with the County Public Service Board under Sections 58 and 59 of the County Governments Act

Reasoning

Section 58 of the County Governments Act establishes the County Public Service Board, and Section 59 confers on it the function of exercising disciplinary control over and removing persons holding offices in the county public service. The Governor's action of suspending the applicants usurped the Board's powers and cannot stand; the contemplated action is stayed for want of jurisdiction.

p. 3
03

Whether the claim is fatally defective for want of authority of the deponent to act for the other claimants

Holding

The court found no indication the other applicants gave Rhodah Kiilu authority to institute the claim, rendering the application a non-starter, though it still made substantive orders

Reasoning

The court observed that although the applicants approached the court through Rhodah Kiilu, there was no evidence that the other applicants authorised her to institute the claim. It described the entire application as a non-starter for that omission, yet proceeded to stay the contemplated action against the applicants and to preserve the Board's right to institute due disciplinary process.

p. 4

Legal principles established

#
  • An employee is entitled to written reasons for any administrative action taken against him under Section 4(1) of the Fair Administrative Action Act
  • The County Public Service Board has exclusive mandate to exercise disciplinary control over county public service employees; a Governor usurping that power acts without jurisdiction

Court orders

#
  1. 1.The action contemplated against the Applicants is stayed for want of jurisdiction by the 1st Respondent
  2. 2.The 3rd Respondent is not estopped from instituting proper disciplinary processes against their staff following due process
  3. 3.Parties are free to try reconciliation processes to resolve the matter

Authorities

#

Legislation

  • Constitution of KenyaArticle 41(1), 41(2)(b), Articles 10 and 232
  • Employment ActSections 41, 44, 45(1)
  • Employment and Labour Relations Court ActSections 3, 2(1)(3)
  • Labour Relations ActSection 62
  • County Governments ActSections 58, 59
  • Fair Administrative Action ActSection 4(1)
  • Civil Procedure RulesOrder 4 Rule 1(f), Order 4 Rule 1(3)

Cases cited (3)

  • PIL Kenya Limited Vs Joseph Oppong
    [2009] eKLR
  • Fredrick Saundu Amolo Vs Principal Namanga Mixed Day Secondary School & 2 Others
    [2014] eKLR
  • Aviation & Airport Services Workers Union (K) Vs Kenya Airport Authority & Another
    [2014] eKLR
Jurisdiction invoked
Article 41(1) and 41(2)(b) of the Constitution; Sections 3 and 2(1)(3) of the Employment and Labour Relations Court Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Rhodah Kiilu & 106 others v Governor, Machakos County & 2 others [2018] KEELRC 1569 (KLR)", Case Analysis (2018). Employment and Labour Relations Cause No. 2164 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1569/eng@2018-06-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.